SARFARAJ MUSTAHUSAIN MIRZA Vs. COMMITIONER OF POLICE

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 12.7.2012 passed by respondent No. 1, Commissioner of Police, Ahmedabad City under the provisions of sub-sec(2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "PASA Act").

(2.) LEARNED advocate, Mr.Jagdhish Satapara for the petitioner-detenu has invited my attention to the order of detention dated 12.07.2012 by which the detenu was arrested and sent to Bhuj Jail. The grounds of detaining the accused are that one offence was registered against the petitioner under the provisions of under Section 5, 6, 6(B) (1)(2)(3) of the Animal Protection Act and Section 11(E)L of the Prevention of Cruelty Animal Act and Section 119, 335 and 336 of the GPMC Act. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act.

(3.) HAVING regard to the contentions raised on behalf of the petitioner, it would be necessary to refer to the definition of "cruel person" as given in Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985, which runs as under:-